Veterans Disability Law

Veterans disability law covers a range of issues. We work to assist you in obtaining the benefits to which you are entitled.

Congress designed the VA claim process to be veteran-friendly. We ensure that your application is well-prepared and follow your case through the process.

USERRA stipulates that employers must offer reasonable accommodations for employees with disabilities acquired during military service or made worse by military service. Title I of the ADA prohibits discrimination on basis of disability in hiring promotions, pay, training and other terms, conditions and privileges of employment.

Appeals

Many veterans are denied disability benefits or are given an inadequate rating that isn't adequate. A veteran benefits lawyer can help you appeal to the Court of Appeals for Veterans Claims. The process is complex, with many rules and procedures to follow, and the laws are constantly changing. An experienced lawyer can guide you through the process, guide you identify what evidence should be included in your appeal and build a strong case for your case.

The VA appeals process starts with a Notice of Disagreement (NOD). It is important to make clear in your NOD as to why you do not agree with the decision. You don't have to include all the reasons you disagree with the decision, just those that are relevant.

You can file your NOD within one year of the date that you appealed the unfavorable decision. If you need more time to prepare your NOD, an extension could be granted.

Once the NOD has been filed, you will be given the date for your hearing. It is essential that your attorney be present along with you. The judge will look over all evidence presented before making a final decision. An experienced attorney will ensure that all of the required evidence is presented at your hearing. Included in this are any medical records, service records, private health records and C&P tests.

Disability Benefits

Veterans who suffer from a physical or mental health issue that is incapacitating and was triggered or worsened due to their military service may be eligible for disability benefits. These veterans may receive monthly monetary compensation dependent on their disability score which is a percentage that demonstrates the severity of their condition.

Our New York disability attorneys work to ensure that veterans get all the benefits to which they have a right to. We help veterans file claims, obtain required medical records and other documents, complete necessary forms and monitor veterans disability lawyer the VA's progress on their behalf.

We can also help with appeals to any VA decisions. This includes denials of VA benefits, disagreements on the evaluation of a percentage or disputes over the date of effective rating. Our firm will make sure that the initial Statement of the Case is properly prepared and any additional SOCs filled with all necessary information are filed when the case is brought to an appeals court.

Our lawyers can also assist veterans with disabilities that are connected to service apply for vocational rehabilitation services. This program provides training, education and job-related skills for veterans to prepare them for civilian employment or to learn to adapt to a new job in the event that their disabilities hinder them from finding meaningful work. Veterans with disabilities could also be eligible to receive both VA disability benefits and Social Security Administration Supplemental Security income.

Accommodation for Employers

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans with disabilities, including those incurred in or aggravated by military service. The ADA also requires employers to offer reasonable accommodations for disabled veterans to do their job. This could include changes to job duties and workplace adjustments.

Disabled veterans interested in employment may want to inquire with the Department of Labor's Ticket to Work program. This is a national employment and business training program that helps disabled veterans find employment and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) allows Veterans disability Lawyer with disabilities to select among five paths to work. This includes reemployment with same employer; fast access to employment; self-employment; and employment through long-term care.

Employers may ask applicants if they require any modifications to participate in the hiring process, including extra time to take tests or permission to give oral instead of written answers. However, the ADA does not allow an employer to inquire about a person's disability unless it is evident.

Employers that are concerned about possible discriminatory practices against disabled veterans must consider conducting training sessions for veterans disability lawyer all employees to increase awareness and better understand veteran-related issues. They may also contact Job Accommodation Network for free consultations and technical assistance regarding the ADA and other disability laws.

Reasonable Accommodations

Many veterans with disabilities related to their service have difficult to find work. To help these veterans to find work, the Department of Labor supports a national job resourcing and information resource called EARN. The Office of Disability Employment Policy offers this free telephone and electronic system that connects employers to disabled veterans disability law firm seeking jobs.

The Americans with Disabilities Act (ADA) prohibits discrimination based on the basis of a disability when it comes to hiring, promotions and benefits, as well as other terms and conditions of employment. It also limits the medical information that employers can request and prohibits harassment based on disability and retaliation. The ADA defines disability as a condition that substantially hinders one or more essential life activities, such as hearing, seeing breathing, walking sitting, standing, learning, and working. The ADA does not cover certain conditions that are common in veterans, including the tinnitus condition and post-traumatic stress disorder (PTSD).

Employers must make accommodations for disabled elizabeth veterans disability lawsuit who require accommodations to do their duties. This is not the case if the accommodation would cause undue hardship for the contractor. This includes modifying the equipment, providing training, and transferring responsibility to different locations or positions as well as purchasing adaptive hardware or software. For instance in the event that an employee is blind or visually impaired employers must purchase adaptive software and hardware for computers, electronic visual aids and Braille calculators and talking devices. Employers should provide furniture with raised or lower surfaces, or purchase keyboards and mice that have been specifically designed for people with limited physical strength.